10 PRSR 02-09-2022 - Laserfiche WebLink

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Legal Requirements for Remote City Meetings By Kyle Hartnett Although the governor’s state of emergency for COVID-19 has ended, some city councils — and their residents — have become so comfortable with the convenience of online meetings that they want to continue them. Continuing remote meetings, however, requires cities to follow specific statutory procedures, depending on how technology is being used. Interactive technology Typically, under the Minnesota Open Meeting Law, city officials can only vote at a city meeting if they are physically present. If a city official wants to take part in a meeting through interactive technology, the Open Meeting Law requires them to take specific steps. The Open Meeting Law requirements for remote participation are different from those many cities used while the governor’s COVID-19 emergency orders were in effect. Minnesota Statutes, section 13D.02 defines the requirements for a city to meet using “interactive technology” (formerly called “interactive television”). The law defines interactive technology as a device, software program, or other application that allows individuals in different physical locations to see and hear one another. The law will apply anytime a city council or board uses programs such as Zoom, WebEx, Microsoft Teams, etc. The following requirements must be met for a city to meet via interactive technology: • Members at all locations can hear and see one another and all discussion and testimony presented. • The public at the regular meeting location can hear and see all discussion and testimony. • At least one member of the council is present at the regular meeting location. • All votes are conducted by roll call. • Each location at which a member of the body is present is open and accessible to the public. • The city provides notice of the regular meeting location and remote locations. • To the extent practical, the public can monitor the meeting electronically from a remote location. Notice of location does not need to be provided if a member is serving in the military and is at a required drill, deployed, or on active duty. Concerns One of the biggest concerns with using interactive technology is that members participating remotely must do so from a location that is open to the public. This means that if a member is taking part in a meeting from their home, the member must provide their address in the public notice and allow the public to attend the meeting from the home. While it is unlikely that a member of the public would want to watch a meeting from a council member’s home or hotel room, council members must be prepared for such a possibility. Another concern with relying on interactive technology is the possibility that technology will not work as planned. If, for example, a city has connectivity issues during an interactive meeting, it may not be able to allow remote participants to attend.